Sections 9 – 13 of the Sexual Offences Act 2003 create offences in relation to activity committed with a child under the age of 16.

The offences are:

Section 9 – Sexual Activity With A Child

The elements of the offence are:

(A), aged 18 or over, intentionally touches (B)
the touching is sexual, and either
(B) is under 16 and (A) does not reasonably believe that (B) is 16 or over, or
(B) is under 13

Section 10 – Causing Or Inciting A Child To Engage In Sexual Activity

The elements of the offence are:

(A) aged 18 or over, intentionally causes or incites another person (B) to engage in an activity
the activity is sexual, and
either, (B) is under 16 and (A) does not reasonably believe that B is 16 or over, or
(B) is under 13

Section 11 – Engaging In Sexual Activity In The Presence Of A Child

The elements of the offence are:

(A), aged 18 or over, intentionally engages in sexual activity
(A’s) purpose is to obtain sexual gratification when (B) is present or can observe
(A) knows, or believes, that (B) is aware of the activity or intends that (B) should be aware and, either
(B) is under 16 and (A) does not reasonably believe that (B) is 16 or over, or
(B) is under 13

Section 12 – Causing A Child To Watch A Sexual Act

The elements of the offence are:

(A), aged 18 or over, intentionally causes a child under 16 (B) to watch another person engaging in an activity, or to look at an image of any person engaging in an activity
(A’s) purpose is to obtain sexual gratification
the activity is sexual, and
either, (B) is under 16 and (A) does not reasonably believe that (B) is 16 or over, or
(B) is under 13